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(영문) 수원지방법원 안산지원 2018.06.07 2017가합1131
아파트선거관리위원장 선출무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2016, the Plaintiff was elected as a member of the Jung-gu Da Apartment Apartment Election Commission (hereinafter “instant frontline”) in Ansan-si (hereinafter “instant frontline”), and the Defendant was elected as the chairperson of the instant frontline on January 21, 2018.

B. On September 22, 2017, E, who was the Chairperson of the instant vessel, submitted a resignation letter, and on October 10, 2017, the C Apartment Management Director, on the agenda of the election of the Chairperson, sent a letter of convening a meeting to five members of the instant vessel, including the Plaintiff, and posted the said public notice on the C Apartment bulletin board.

C. On October 11, 2017, the instant conference was held, and the resolution was passed to elect D as the chairman of the instant fleet (hereinafter “instant resolution”). On the following day, the notice that D was elected as the chairman of the instant fleet was posted on C apartment.

On the other hand, the election commission of this case is an organization established and operated pursuant to the provisions of the collective housing management rules adopted by the CPC, and consists of seven members including the chairperson.

E. The chief executive officer of the instant case is selected and appointed by the chief executive officer of the instant vessel, and the chief executive officer of the instant vessel shall invite applicants from among C apartment occupants through open recruitment notice, and commission commission by the chief executive officer. If the applicant exceeds seven members (including the chief executive officer and the executive secretary), the chief executive officer of the instant vessel shall be selected by open lottery.

F. The Chairman shall convene the meeting of the first executive officer of this case, and if the Chairman is vacant, the oldest among the members shall act on behalf of the Chairman.

The first executive officer of this case shall make a decision with the consent of a majority of the members.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 16, 17, and Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made after the lapse of 20 days from the date when the chairman was vacant.

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